# In the matter of Unique Roof Private Limited IA(IB)-158-2020 in IBA-316-2019

> NCLT judgment dated 2020-09-29. Citation: TCN-2020-NCLT-00496. The case involves an application (IA (IB)/158/2020) filed by the Resolution Professional (RP)…

- **Court:** NCLT
- **Order date:** 29 Sept 2020
- **Citation:** TCN-2020-NCLT-00496
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/unique-roof-private-limited-iaib-158-2020-in-iba-316-2019-5ae14d44

## Summary

### Background

The case involves an application (IA (IB)/158/2020) filed by the Resolution Professional (RP) of M/s. Unique Roof Private Limited under Section 17, 18, 20, 25(2)(b) read with Section 60(5) of the Insolvency and Bankruptcy Code (IBC), 2016. The RP sought a direction from the tribunal to the respondent, Tussor Machine Tools (I) Pvt. Ltd., to pay the outstanding balance for the supplies made by the Corporate Debtor. The Corporate Insolvency Resolution Process (CIRP) was initiated on 04.10.2019. The respondent argued that the application was barred by limitation, as the last payment was made on 03.02.2016, and the application was filed beyond the three-year limitation period. The suspended director of the Corporate Debtor had also filed an appeal before the NCLAT, which

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## Facts

M/s. Unique Roof Private Limited (Corporate Debtor) supplied structural materials to Tussor Machine Tools (I) Pvt. Ltd. (Respondent). The Respondent issued Purchase Orders PO-CAP/21/15-16 dated 12.01.2016 and PA/2388/15-16 dated 08.02.2016. The Corporate Debtor raised invoices for a total sum of ₹13,79,440/-, with the last invoice dated 09.02.2016. The Respondent paid ₹12,36,941/- out of the total invoice value of ₹12,67,150/-. The Resolution Professional (RP) claimed that a balance of ₹1,42,499/- was due, and with interest at 18% p.a., the total amount claimed was ₹2,43,095/-. The Respondent argued that the application was barred by limitation, as the last payment was made on 03.02.2016, and the CIRP was initiated on 04.10.2019, exceeding the three-year limitation

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## Issues and analysis

### Issue 1: Whether the application filed by the Resolution Professional is barred by limitation under the …

**Ratio:** The Limitation Act, 1963, applies to applications under the IBC, 2016. The Hon'ble

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**Reasoning:** The tribunal reasoned that the last date of the invoice was 09.02.2016, and the CIRP was

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**Interpretation:** The interpretation of the Limitation Act in conjunction with the IBC, 2016, is

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**Application:** In this case, the application was filed beyond the three-year limitation

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** MUTHUIAH THEVAR…
- **Respondents:** Unique Roof…; Tussor Machine…

## Timeline

- **2016-01-12 — Purchase Orde…**: Respondent issued Purchase Order No.…
- **2016-02-08 — Purchase Orde…**: Respondent issued Purchase Order No.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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